Gibson v. Doe
- Laura Swain
- 1:23-cv-09474
- U.S. District Court · Southern District of New York
- 1
In Gibson v. Doe, Judge Swain dismissed the action and certified that any appeal would not be taken in good faith.
David Gibson’s action against Warden John Doe and the other defendants was dismissed, and any appeal from the judgment was certified as not being taken in good faith.
What happened
In Gibson v. Doe, the court dismissed David Gibson’s action against Warden John Doe and the other defendants. The judgment says the dismissal was based on an August 13, 2025 order, but that order is not included here.
The court also certified that any appeal from the judgment would not be taken in good faith. The judgment does not explain the claims, the dismissal’s legal basis, or whether the dismissal allows refiling.
Judge Laura Taylor Swain entered the civil judgment on August 14, 2025, in the Southern District of New York.
The detailed version
- Gibson v. Doe · No. 1:23-cv-09474
- Laura Swain
- Aug. 14, 2025
Decision
For the reasons stated in an August 13, 2025 order, the court dismissed the action brought by David Gibson against Warden John Doe and the other defendants. The judgment itself does not state the claims, explain the grounds for dismissal, or specify whether the dismissal permits refiling.
Appeal certification
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith. The judgment cites the rule that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous issue. The opinion text provided does not include the August 13 order or any further explanation of the certification.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.